registerme
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Post by registerme on May 29, 2016 12:46:30 GMT
Even if the interest is covered by SS, I imagine the bulk of what people are owed (and want back) is in the capital they have lent - it seems more important to get a good recovery rate on that surely. I think the focus should be on efficient sale of the asset and return of capital as quickly as possible. Interest after that is surely just a "bonus" on a defaulted loan, 12% is the upper bound for what we can expect from SS in the long run. Technically SS could cover the interest but return less capital. E.g. for those who sold since the default they might get their May interest (and be happy), but the new owner of the loan gets less than their full investment back (and be very unhappy even if they had some accrued interest!). The provision fund could cover any capital shortfall, but it is unclear if it would also cover accrued interest that wasn't recovered. Personally I think the provision fund should stick to compensating capital and not interest. Just playing devil's advocate here (and assuming no recovery), but as somebody who does not hold this loan why would it be in my interests to see the provision fund depleted to pay back holders in this loan in their entirety? It's a semi-serious point - there is more than one rational way to look at how the provision fund could be used.
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tx
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Post by tx on May 29, 2016 12:55:37 GMT
I bought 1p last night in order to be fully informed what will happen to my tiny loan ;-) all to find out how SS handle this matter.
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lofty
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Post by lofty on May 29, 2016 13:54:55 GMT
I bought 1p last night in order to be fully informed what will happen to my tiny loan ;-) all to find out how SS handle this matter. That may explain why the number of investors seems to be increasing at the moment. 1p I can understand to satisfy curiousity, but some people are still pouring hundreds into this default. Surely people can't be #that# desperate to invest? Anyway, I suspect all the gory details will be posted on this forum, so I'll save my 1p for those Glasgow properties if they ever arrive...
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Post by harvey on May 29, 2016 14:08:23 GMT
I suppose a Consortium of saving stream investors with money in PBL20 could get together and bring a joint legal action against lendy to try and get their money back by suing them. But that's dependent on them being able to pay and one of the guys on here said that lendy hasn't got assets and shares as much as the size of this 1.7 million they owe investors on here. Wouldn't common sense tell you that if they had 1.7 million to spare they would have paid back the investors In the loan on time to avoid all this bad publicity and then pursued the borrower to get their money back without involving the investors I think this reasoning is totally crazy. Defaults are unfortunately a part of the p2p lending. I have had 40+ defaults on FC, and on some of them there was CLEAR and explicit fraud (one of the borrowers was later imprisoned as well). I have taken that into account and tried to minimise the losses not trusting any DD except mine... Even if Lendy had spare cash they should NOT pay back this default loan as it is not their fault or negligence. What is important is that Lendy does its best to maximise recovery here and hopefullyif the valuation was correct there should be no problems for anyone. I don't think anyone should be suing anyone either. The big winners are always the lawyers and I'm sure this will be sorted out properly and amicably to the best outcome for all involved. My point was that this was quite an early loan and it was clearly made under the original terms and conditions. It wasn't effectively a peer-to-peer loan. Saving stream only moved to a proper peer to peer structure more recently and I had correspondence from them that made it plain that the new structure and arrangement related only to new loans from that date onwards and that older loans remained under the original non peer to peer arrangement. The Old arrangement was that investors were lending their money to Lendy. So effectively their contract was with Lendy and not with the end borrower. We lent to Lendy and Lendy then lent to their borrower not our borrower. Therefore if the investors don't get their capital and interest back at the end of the term the Place they have a claim against must be Lendy / SS. My point was is it not in a sense Lendys problem that this borrower has not paid them their money back. If they are able should they not be honouring the contracts date entered into with investors and return people's capital and interest and then pursue their borrower to get their money or as much as possible back. To me the big point where all the unanswered questions lie relate to the old terms and the new terms. With the change in terms and then subsequent alterations in dribs and drabs the whole position as regards and older loan seems to have become quite muddled and open to various interpretations. SS change the terms regarding defaults only within the last couple of weeks which maybe connected to what they knew or may have been coincidental. They marked this loan up as in default on Friday afternoon and on Friday evening sent a general update in which they mentioned it but not in any detail and rather glossed over the matter despite it being a 1.7 million pound default that was bound to cause a lot of investors a lot of concern. Since then we have had 2 days of silence including 2 loans that were meant to go live yesterday not going live with no communication about anything. I know it's a bank holiday weekend and I don't expect them to drop everything and send out an update but I think we need a very detailed update that answers all these questions raised on the first working day after the break and that is on Tuesday. I also think the statement on the matter from SS should be emailed to all investors and not just posted up on this forum because I am sure many many investors are not on this forum. For What It's Worth I believe everything will be sorted out and nobody will suffer any significant losses here but until more information is provided it's inevitable that people will worry and their worry will grow and develop into panic so it's important for SS to be seen to be communicative and recognising people's concerns - even if they are irrational and based on bad information and misunderstandings.
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stokeloans
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Post by stokeloans on May 29, 2016 14:15:35 GMT
One loan is put into default and it's like armageddon on here. In the words of Corporal Jones "don't panic". Nothing good ever came of panic.Fortunately it's just a few on this message board,let's hold fire on the worst case scenarios,at least until after the bank holiday folks
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Post by dualinvestor on May 29, 2016 14:43:18 GMT
Actually Corporal Jones it doesn't matter whether you panic or not with regard to PBL 20 what will be will be; however as I understand it the platform is open for business Bank Holiday weekend or not and apparently there is quite a lively secondary market in this loan so there is a genuine interest in what is discussed here. Additionally as a general overview of the platform there was suppossed to be another loan (s) go live yesterday which didn't. People might want more clarity before invoving themselves in either the new loans or secondary market.
As I seet it the original loan was made under the old terms and conditions with Lendy Ltd as principal
The new terms nad conditions clearly state that Lendy Ltd acts as AGENT FOR BOTH THE LENDER AND BORROWER
Notwithstanding the potential conflict of interest involved there is much ambiguity whether this loan has migrated from the old to new T&Cs in whole or part.
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agent69
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Post by agent69 on May 29, 2016 14:44:36 GMT
My point was is it not in a sense Lendys problem that this borrower has not paid them their money back. If they are able should they not be honouring the contracts date entered into with investors and return people's capital and interest and then pursue their borrower to get their money or as much as possible back. I'm not in this loan, but am interested in how the PF might be used. Are we saying that Lendy can decide whether to use all of the PF to bail themselves out of this mess? Looks like a conflict of interests.
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Post by dualinvestor on May 29, 2016 14:54:01 GMT
My point was is it not in a sense Lendys problem that this borrower has not paid them their money back. If they are able should they not be honouring the contracts date entered into with investors and return people's capital and interest and then pursue their borrower to get their money or as much as possible back. I'm not in this loan, but am interested in how the PF might be used. Are we saying that Lendy can decide whether to use all of the PF to bail themselves out of this mess? Looks like a conflict of interests. As I understand it the PF is entirely discretioary Edit The SS web site states the Provision Fund is held by Lendy Provision Reserve Ltd, as far as I can see there is no description of how the fund is to be used or any mention of it in the T&Cs, therefore it would appear there is no contractual relationship with lenders, the relationship of Lendy Ltd to Lendy Provision Reserve Ltd is stated as having common directors there are no details of a contractual relationship and no published financial information (at Companies House) to give any indication of what it might be, e.g. accounts, cross company charges etc One of the FAQs does state a lender can make an application to the PF if they are not repaid in full on a particular loan.
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shimself
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Post by shimself on May 29, 2016 15:24:47 GMT
i have a feeling the old T&Cs mean nothing. Any lenders use of the platform automatically means that they accept the current T&Cs 24.5
These terms and conditions and the Loan Contracts set out the entire agreement between you and us with respect to your use of the platform and the services provided via the platform and supersede any and all representations, communications and prior agreements (written or oral) made by you or us.The old T&Cs apply to all investments made when they applied, which is definitely this one when it was first offered. The status of investments made on SM isn't clear
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Post by whatif on May 29, 2016 16:31:34 GMT
One loan is put into default and it's like armageddon on here. In the words of Corporal Jones "don't panic". Nothing good ever came of panic.Fortunately it's just a few on this message board,let's hold fire on the worst case scenarios,at least until after the bank holiday folks What's with all this doom and gloom. A loan has defaulted, 150 days overdue (perhaps a clue there, so would have been time to get out). SS/Lendy have the security so will probably get most of the capital back in time, the interest is a bonus, but if they don't... 'Your Capital Is At Risk' is plastered over most pages of p2p lenders websites. No-one held a gun to our head. I admit I'm a complete 'ignoramus' in all of this (plus I'm not in this particular loan), and if I was at all knowledgeable I'd probably be able to play with the 'big boys' in bigger markets. But I'm not, p2p to me is a way for me, as a 'virgin' to have a chance of something better than the rubbish the established banks provide for savers. I know the risks, I have been warned, yet I still put my money in, and for good or bad I accept the consequences. This obviously assumes there is no nefarious activities, which I doubt very much. Should I think of suing Betfair because Atletico equalised last night against Real which screwed my bet... they were the platform after all that took my money.
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mikes1531
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Post by mikes1531 on May 29, 2016 16:40:51 GMT
We need savingstream to make a statement on this subject. However they may be unable to comment because of the appointment of the Administrator. I agree that it would be ideal if SS were to make a statement that would clarify the situation. I don't have a clue how the appointment of an Administrator over might affect their ability to comment, but ISTM that considering the numerous uncertainties -- and the potential liabilities to SS/Lendy -- involved they'll probably be wanting to pass any statements they might propose to make past their Compliance Dept. (if they have one) and their lawyers. SS might be working over the BH weekend, but I wouldn't expect their legal advisers to be. So I suspect it will be a few days before SS have permission to say much.
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Post by dualinvestor on May 29, 2016 16:52:29 GMT
Have savingstream said whether the interest is for the business or the property(ies)? The security amount of £2.43million includes £1.385million for the garden centre including goodwill. The company operating the Garden Centre was incorporated in August 2013 and filed dormant company accounts to 31 August 2014, Lendy Ltd registered its charges in March 2015. Although it is likely the debtor company took over and existing business operating from the premises it is questionable now, given its failure, that the business has any significant value. Also included is £185,000 stock The properties themselves are quite diverse, the Garden Centre premises, a house, and 17.5 acres of land. The entire valuation is at Open Market Value. Whether the Administrators can obtain that, more than that, or less si a question nobody can answer at the moment. The only figure known at the moment is that Lendy Ltd are exposed to a defaulted loan which amounts to £1.7million, when the Administrator files a report and/or savingstream give an update the situation may become clearer but to estimate what the eventual loss, if any, may be at the moment is premature.
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NSFW
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Post by NSFW on May 29, 2016 16:54:59 GMT
Joined on Thursday and there's a default on Friday. Sorry about that, guys.
Anyways, the garden centre is an operating business, there's multiple interested parties and SS have the PF as backup, so a good sale price is likely.
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Post by uncletone on May 29, 2016 17:10:47 GMT
Actually Corporal Jones it doesn't matter whether you panic or not with regard to PBL 20 what will be will be
My personal variation: it doesn't matter whether you panic or not with regard to anything in your life, what will be will be. I have a good friend who, on hearing anybody's awful problems, just asks "Did anybody die?". At the usual negative response, he dismisses the matter as not worth worrying about.
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mikes1531
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Post by mikes1531 on May 29, 2016 17:13:09 GMT
I don't doubt that the firm Lendy lent to has defaulted but this loan is to Lendy and I don't think they have defaulted yet. And it's a difference that matters at least to those buying on the secondary market who are I assume believing that Lendy is obliged to pay them. Personally I'm most interested in how Lendy meets or doesn't meet its obligations as they existed at the time of loan inception, since that'll affect my trust level in the platform. ISTM that an argument can be made that the loan investors made to Lendy went into default when the term remaining went negative five months ago, since the capital wasn't repaid when it was agreed it would. Or perhaps it won't be in default until 1/Jun, when May interest won't be paid. AC sometimes deal with non-performing loans by not declaring a default when repayments aren't made on time. If a borrower wants more time to repay, AC might ask the lenders whether they're willing to allow that and, if they are, the loan officially is extended and/or a payment holiday is allowed. In that situation, there's no question that it isn't in default. SS don't bother to poll investors, but there's no reason they couldn't grant the PBL020 borrower an extension unilaterally. Did they? Does the fact that investors have continued to hold parts of this loan when the term remaining went negative, and when they could have sold those parts on the SM, mean they have accepted amended terms? (When my credit card company changes the Ts&Cs of their agreement with me, they make it clear that I can opt out of the changes by stopping using the card, and that by continuing to use the card I'm agreeing to the changes. The SS situation might be similar, except SS never have suggested I could opt out of any changes.) The real issue is what Ts&Cs apply to this loan. Are they the ones in effect when the loan was first made? We have been told that some loans that existed when the New Ts&Cs would be re-written under the New Ts&Cs. Was that done with this loan? We simply don't know. And what about SS's ability to amend the Ts&Cs unilaterally whenever they like? I wouldn't have thought that would be considered a reasonable contract clause in a loan agreement between me and my bank -- I think I'll amend the interest rate to nil with immediate effect -- so I question whether it's a reasonable clause here. Investors may believe that SS/Lendy are obliged to pay the principal and accrued interest because SS have stated they would. But do those statements carry any weight if they aren't supported by the actual Ts&Cs?
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